DH-FIDE ET OFFICIO JUDICIS
Categories: Criminal Law
Definition (1910 Edition)
juris, sive facti. Concerning the fidelity and official conduct of a judge, no question is [will be] entertained; but [only] concerning his knowledge, whether the error [committed] be of law or of fact. Bac. Max. 68, reg. 17. The bona fides and honesty of purpose of a judge cannot be questioned, but his decision may be impugned for error either of law or fact. Broom, Max. 85. The law doth so much respect the certainty of judgments, and the credit and authority of judges, that it will not permit any error to be assigned which impeacheth them in their trust and office, and in willful abuse of the same; but only in ignorance and mistaking either - of the law, or of the case and matter of fact. Bac. Max. ubi supra. Thus, it cannot be assigned for error that a judge did that which he ought not to do; as that he entered a verdict forthe. plaintiff, where the jury gave it for the defendant. Fitzh. Nat. Brev. 20, 21; Bac. Max. ubi. supra; Hardr. 127, arg.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
reference only and does not constitute legal advice.